Patna High Court
SUKHO MANDAL @ RAMBRIKSHA MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 of the Code of Criminal Procedure, 1973 (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Summary
The appellant, Sukho Mandar, died during the pendency of his criminal appeal against the State of Bihar. The court examined a letter from the Superintendent of Police and a police report confirming the death and attaching a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no relative applied, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- abatement
- criminal appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.677 of 2008
======================================================
Sukho Mandal @ Rambriksha Mandal, Son of Bhailal Mandal, Resident of
Mohalla-Moghal Bazar, Police Station-Kotwali, District-Munger.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dhirendra Nath Jha, Advocate
For the Respondent/s : Mr.A.Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 12-05-2026 Perused the Letter No. 480 dated 02.05.2026 of the
Superintendent of Police, Munger along with the report of
S.H.O., Vasudevpur Police Station, Munger dated 01.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Sukho Mandal @ Rambriksha Mandal has
died. Death certificate of the appellant issued by the Department
of Planning and Development, Government of Bihar, Patna has
also been enclosed with the said report.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.677 of 2008(5) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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